MAYADHAR JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE case of the petitioner is that he is the elected Sarpanch of Kasipada Grama Panchayat. The predecessor of the petitioner was asked by the Collector to convene a special meeting as per Section 124 (3) of the Orissa Grama Panchayat Act, 1964 (for short, 'the Act). for taking action against the Secretary of the Grama Panchayat. The said predecessor - Sarpanch convened a general body meeting in which the Grama Panchayat resolved not to suspend the Secretary. The said resolution was approved by the Sub -Collector. When the matter stood thus, the present petitioner was elected to the office of Sarpanch. Under Annexure -1 to the writ petition, the Collector of the district intimated him that though the Sarpanch was instructed to take action against the Grama Panchayat Secretary as per Rule 216(b) of the Orissa Grama Panchayat Rules, vide office letter No.1128/GP dated 15.7.2008, but no action has been taken by the Sarpanch as required and the Grama Panchayat has submitted a resolution wherein the Secretary was set free from all charges made against him. The Collector requested the petitioner to take action against the Secretary - Shri Bhagaban Mohapatra under Rule 216 (b) of the O.G.P. Rules by convening a special meeting. However, since a general body meeting was to be held within a few days from the date of receipt of the letter under Annexure -1, the agenda with regard to suspension of the Secretary was put forward in the said general body meeting, which was duly held. A resolution was taken to suspend the Secretary in a deferred meeting of the said general body. However, such resolution was not approved by the Sub -Collector. It is the case of the petitioner that as the resolution of the Grama Panchayat to suspend the Secretary pursuant to the letter of the Collector, in the general body meeting, was not approved by the Sub -Collector, the Collector in his letter dated 20.3.2008 required the Sarpanch -petitioner to file Second Appeal under Section 133 (2) of the Act before him and, accordingly, the petitioner also preferred a Second Appeal. However, the petitioner has received a notice dated 24.5.2008 from the Government under Annexure -12 to the writ petition, wherein orders have been passed putting the petitioner under suspension and further directing him to file a show cause in accordance with Sub -section (1) of Section 115 of the Act. Being aggrieved, the petitioner has approached this Court in the present writ petition for appropriate relief.

(2.) A counter affidavit has been filed by the opp.parties 2 to 4 denying the allegations made by the petitioner against the opp.parties. On being called upon, Mr. Dash, learned Addl. Government Advocate submits that under Section 124 (3) of the Act, the Collector has jurisdiction to convene a special meeting of the Grama Panchayat and, therefore, the Collector has all authority to issue the letter under Annexure -1. The Grama Panchayat though has not convened a special meeting, but in the general body meeting resolved to suspend its Secretary. A report has been submitted to the Government that the petitioner - Sarpanch has not acted as per the instruction of the Collector as he did not convene a special meeting, but instead, considered to include the agenda with regard to suspension of the Secretary in the general body meeting.

(3.) MR . Das, learned Addl.Government Advocate contends that Section 109 of the Act provides that subject to the provisions of the Act, the Rules made thereunder and in his special or general orders issued by the State Government from time to time, the Collector is required to exercise general power of inspection, supervision and control over the exercise of power discharge of duties and performance of functions by the Grama Panchayat under the provisions of the act. He, therefore, submits that under the above provision, the Collector has ample jurisdiction to direct the Sarpanch to take action against the Secretary.